U.S. Charges Snowden in Security-Leak Case

WASHINGTON—U.S. prosecutors have filed criminal charges against National Security Agency leaker Edward Snowden and asked Hong Kong authorities for his provisional arrest, kicking off what is expected to be a lengthy process to seek his transfer to the U.S.

A one-page criminal complaint, filed in U.S. District Court in Alexandria, Va., accused Mr. Snowden of theft of government property and willful communication of classified communications intelligence to an unauthorized person.

Mr. Snowden has said he leaked documents exposing NSA surveillance programs, sparking a world-wide debate about U.S. antiterrorism tactics. He is believed to be in hiding in Hong Kong.

A U.S. official said that Washington has sent Hong Kong a formal request for Mr. Snowden's provisional arrest, which will start the legal process in the Chinese territory to transfer him to the U.S.

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The criminal complaint—dated June 14 but not publicly released until late Friday—also allows the U.S. to issue an Interpol red notice to stop Mr. Snowden from traveling. An affidavit attached to the complaint detailing the charges remains under seal.

The U.S. District Court in Alexandria has heard many national-security and terrorism cases.

Mr. Snowden, a former employee of Virginia-based national security contractor Booz Allen Hamilton, has said he leaked documents that revealed a broad NSA program to collect telephone metadata from U.S. telephone companies, as well as a separate program to monitor international Internet and email traffic.

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Mr. Snowden has said that he would fight any attempt to bring him to the U.S.

In an online chat this past week with readers of the Guardian, the British newspaper that has published stories on his disclosures, he said he came forward because he believed President Barack Obama "deepened and expanded several abusive programs" instead of promoting transparency.

The NSA's director, Gen. Keith Alexander, said the programs revealed by Mr. Snowden helped thwart more than 50 terror plots. Gen. Alexander said the programs received vigorous oversight from Congress and federal judges.

Hong Kong, though part of China, operates under its own laws and has its own "surrender" agreement with the U.S., different from an extradition agreement, which is only between sovereign states. However, Beijing is responsible for handling Hong Kong's foreign affairs and can veto surrender requests from Hong Kong in cases related to defense, foreign affairs and other issues.

Lawyers have said that depending on the nature of the U.S. charges, they could trigger an exception for political offenses in the Hong Kong-U.S. treaty that might make Hong Kong courts reluctant to let Mr. Snowden be handed over.

These and other complications in the U.S.-Hong Kong agreements could cause the fight over Mr. Snowden's transfer to drag on for years.

Hong Kong lawyers said the window for Mr. Snowden to leave the city may have already closed.

"Up to now, he's had freedom of movement, but there's a danger for him now that he's lost that," said Michael Davis, law professor at the University of Hong Kong.

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Edward Snowden
Reuters

Mr. Snowden has a full suite of legal options for him in Hong Kong, including filing for asylum and contesting any transfer request in U.S. courts.

"He really holds a lot of cards in negotiating with the U.S.," said Mr. Davis.

While Beijing has authority to weigh in on the transfer, legal experts said any intervention would risk embroiling China in a political backlash.

"The safest course for Beijing is to not say anything and allow Hong Kong courts to decide," said Ronny Tong, a local legislator and lawyer.

Top U.S. lawmakers pushed for the prosecution of Mr. Snowden. House Speaker John Boehner called him a "traitor" and said his leaks of secret information represented a "giant violation of the law."

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